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Home My WebLink About021575 ORD - 02/23/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN OUTSIDE CITY LIMITS - WATER SERVICE CONTRACT AND AN AGRICULTURAL WATER USE COVENANT WITH DAN W. HILL ON 40 ACRES OF LAND OUT OF SECTION A, LAURELES FARM TRACT; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is hereby authorized to execute an Outside City Limits - Water Service Contract and an Agricultural Water Use Covenant with Dan W. Hill on 40 acres of land out of Section A, Laureles Farm Tract, all as more fully set forth in the Outside City Limits - Water Service Contract attached as Exhibit "A" and the Water Use Covenant attached as Exhibit "B." SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ORD5/91188/skp 021575 T .-,T.ANDAPD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into by and between DAN W. HILL ADDRESS: 4902-C DELWOOD ST. CORPUS CHRISTI, TX., 78413 Owner(s), hereinafter called "OWNER(S)", and the CITY OF CORPUS CHRISTI, TEXAS, a home rule city of more than 200,000 population, a municipal corporation and body politic under the laws of the State of Texas, situated in Nueces County, Texas, hereinafter called "CITY", for good and valuable Consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated, W I T N E S SET H: I That Owner(s) in/are owner(s) in fee simple and of all existing rights, titles and interests therein of all the following described property located in NUECES County, Texas, generally delineated on the map attached hereto and marked "Exhibit A" and being more particularly described as follows. to -wit: 40.00 Acres, Section A, LAURELES FARM TRACTS, A map recorded in Volume 3, Page 15, Map Records of Nueces County, Texas Such property is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and, further, such property is not principally used for port -related industry, as defined by Section 55-1)), as amended, of the Code of Ordinances, City of Corpus Christi. TT. City agrees to deliver City water to such property or to waterlines thereon, in accordance with Rules and Regulations promulgated and authorized by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi. Owner(s) agree(s) to construct all improvements on such property in accordance and compliance with all City Codes and regulations and to obtain all City permits as though such property were inside the City. Owner(s) consents(s) to allow inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of said Codes and regulations. Owner(s) agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time of commencement of such improvements. IV. It is AGREED by and between the parties hereto that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi. V. Owner(s) agree(s) and understand(s) that a breach of the aforesaid covenants and conditions shall render Owner(s) liable to termination of the delivery of water, and upon a finding of fact by the City Council that any of the aforesaid covenants or conditions have Leen materially breached, the delivery of water to owner shall be terminated. VI All connections to the City water system shall be subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. VII IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner(s) and each of them, and shall constitute covenants running with the land. WITNESS OUR HAND, this day of CITY OF CORPUS CHRISTI, TEXAS By City Manager ATTEST: By City Secretary APPROVED: , 19 MIER A1-/ IA). ATTEST: By /eU4 By City Attorney TUE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before on the day of 19_, by , as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed or stamped name and expiration date: This instrument was acknowledged before me on 25th day of AUGUST , 19 92 , by DAN W. HILL R -- • , ef' a JUAN V. MARTINEZ 11 Nolany Public STATE Of TEXAS My Comm Exp 593 ‘41.10,11". ut,,. V - } YrLo x L Notary Public, State f Texas Printed or stamped name and expiration date: taps.25 n v cod r --t•• • tvi • r� R/ _ :0 A t 3 X0.00' P0. 1" 1 v - Fr/ 0 0 0 to • Z t. A I' If CO' YOM _._. 14.6 Ar LSI R6 , 4 4' 441' 41.4' U t7E14L °^ Crib- eco re� ,J lPPG `,1� sr 01 41., 4' Po • (4 /1 w IR. Preplat 0J rt,-. -r 0 rrc..r 10,1 E' T "--)2c, 00' ' ea, Fo • rr 2IC 7 -13 or. /` Aro', IC h�T EXPOSIT Wneg. Ftr. . orr • is.12 yJ.t rept-t q m` AGRICULTURAL WATER USE COVENANT THE STATE OF TEXAS COUNTY OF NUECES THIS COVENANT made and entered into by and between, DAN W. HILL , Owner(S), hereinafter called "OWNER(S)", and THE CITY OF CORPUS CHRISTI, TEXAS, a home rule city of more than 270,700 population, a municipal corporation and body politic under the laws of the State of Texas, situated in Nueces County, Texas, hereinafter called "CITY", for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereinafter stated, W ITNESSET H: I That Owner(s) is/are the owner(s) in fee simple of all the following described property located in Nueces County, Texas, situated outside the corporate limits of City, generally delineated on the map attached hereto and marked "Exhibit A," and being more particularly described as follows, to -wit: 40.00 acres of land out of Section A, LAURELES FARM TRACTS, a map of whick is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas. Exhibit B also attached with reference to surveyors notes. II The City has agreed to furnish Owner(s) water service to the above described property upon terms and conditions promulgated by City pursuant and subject to Section 55-111 and 55-112, Code of Ordinances, City of Corpus Christi, which are by this reference incorporated herein and made a part hereof for all purposes, and further conditioned on Owner(s) compliance therewith and current payment of all charges due therefore under the City's established rates for such water service. III Owner(s) hereby expressly covenant(s) with City, as a covenant running with the land and binding successors and assigns, and as a guarantee to the City, that the water furnished hereunder is to be used for agriculture only, hereby defined as meaning cultivating the soil, harvesting crops, raising livestock or pasture grazing; and in the event such use is substantially discontinued for a period of nine (9) months, less the time such property is subjected to a natural disaster, if any, the use of City water on such property shall be discontinued and City water service shall be terminated. In no event shall said water be used for other than agricultural purposes. Any use of water for other than agricultural purposes will be deemed a violation of this covenant and will result in the termination of water service unless such other use is discontinued within three (3) days after written notice of such violation. IV Owner(s) agree(s) to construct all improvement on such property, except for structures which are solely agricultural in nature, in accordance and compliance with all City codes and regulations and to obtain all City permits as though such property were inside the City. Owner(s) consent(s) to allow inspections of all such construction by duly authorized inspectors or representatives of City departments charges with enforcement of said Codes and regulations. Owner(s) agree(s) that as to any improvements the applicable Codes and regulations shall be those in effect at the time of commencement of such improvements. V. All connections to the City water system shall be subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits VI. This covenant shall be recorded in the Deed Records of the county in which the majority of the area of said property is situated. WITNESS OUR HANDS, this the 25th day of CITY OF CORPUS CHRISTI, TEXAS OWNF.R(S)rc A I` BY NAME: CLj UJ , ,( City Manager AN W. HILL �T p AUGUST , 1992. ATTEST: City Secretary APPROVED: tt!!�y &di �/1461t City torney CAPACITY: ADDRESS: NAME: CAPACITY: ADDRESS: NAME: CAPACITY: ADDRESS: DLL/ rvg2 1-19' D ea- 0_ CITY, 78413 THE STATE OF TEXAS COUNTY OF NUECES This .instrument was acknowledged before on the day of , 19, by , as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed or stamped name and expiration date: This instrument was acknowledged before me on AUGUST f 1992 , by DAN W. HILL 25th day of JUAN V. Mt;T IEi 11 Notary PuoIC STATE OF ey My Comm. Exp_ L Public, State Texas Prin amped name and expiration date: 5/30/93 taps.25 aced mai L rr. 1.1 V. 0 0 o fi 2 t c T xfl 0!A r L.,121,trfj eA�T d_ 2 0 A 1 3.�0. 00' u • Z 0 Cj ,- n_ FG fit" K c vo.,r L� I P"G FLP -0-t M.4 '11 41.4' 4 Pe16. I6 A .,,' 1*. G1 -J NhTt" • N4 Tt-rCI?rat F` Ncer ,-IotYl%'�1. 411 VrAIL "A,- WIRs /@1.1t is Q 6' Freer W I✓ � r ' 'J 20 Op' --� 1 i J ~ - T— j.4 we rert.e ache" 7/s'I.R (ft IMTot r Fr �r ~/ '�� / (9 Ipw \/ c.... ..' \• F Exposit' A m� • r^ DAN HILL EXHIBIT •B• TO SUBSTITUTE TRUSTEE'S DEED 40.00 acres of land out of Section A, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas: BEGINNING at the centerline right-of-way intersec- tion of County Road No. 20A and County Road 41 on the West boundary line of said Section A same being the East boundary line of Section 7 for the Northwest corner of this survey; THENCE East, along the centerline of said County Road No. 20A, 1320.00 feet for the Northeast corner of this survey; THENCE leaving said centerline, South, at 40.00 feet pass the South right-of-way line of County Road No. 20A, in all a total distance of 1320.00 feet to a 5/8 inch iron rod set for the Southeast corner of this survey; THENCE West, at 1280.00 feet pass a 5/8 inch iron rod set on line for reference, at 1300.00 feet pass the East right-of-way line of said County Road No. 41, in all a total distance of 1320.00 feet to a 5/8 inch iron rod set on the centerline right-of- way line of County Road No. 41, same being the common boundary line of said Sections A and 7 for the Southwest corner of this survey; THENCE North' .:a Ape centerl.iae_.of said County Road..Ni*4J- a common boupidatkiAdne of said Section A an"Section .7, at 1280Aet_pass a 60 fr&fl set IffetriOrati a bridgiain--al1' a total 'distance ( 1320,00 feet to the POINT OF BEGINNING. - 1 EXµ/e1T 8 That the fore:oing ordinance was read for the first time and passed to its second reading on this the day of , 19 Cj)j , by the following vote: Mary Rhodes Edward A. Martin Cezar Galindo Joe McComb I.,ec .Gnerzere Dr. David McNichols Betty Jean Longoria Clif Moss Mary Pat Slavik rr That the fore oing ordinance was rea for the first time and passed to its second reading on this the l (p day of kbn ifn ,, 19 13 , by the following vote: Mary Rhodes Edward A. Martin Cezar Galindo Joe McComb Le-Gdcrrcro '— Dr. David McNichols Betty Jean Longoria NA/ Clif Moss Mary Pat Slavik •n cj That the forsgoing ordinance was read for the first time and passed to its second reading on this the day of (1 b , 19 C13 , by the following vote: Mary Rhodes Cezar Galindo I eo-Gaee- Betty Jean Longoria cuty Q Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik PASSED AND APPROVED, this the 23 day of 1't_b• , 1992. City Secretary APPROVED: DAY OF Mayor THE CITY OF C US CHRISTI JAMES R. BRAY, JR. CITY ATTORNEY By: , 1992. (24Zi , Assistant City Attorney 021575 23 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 62401 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14th day(s) of February. 1993. One Time(s) $ 44.95 Business Office Administrative Assistant Subscribed and sworn to before me this 15th day of February, 1993. 1- 1.�L— Notary Public, Nueces County, Texas KATHERINi L. 1H.i',:NI K Noir • My Comm. E -:H 2:b93 NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN OUTSIDE CITY LIMITS - WATER SERVICE CONTRACT, AGRICULTURAL WATER USE COVENANT, AND ANNEX- ATION AGREEMENT WITH DAN W. HILL ON 40 ACRES OF LAND OUT OF SECTION A, LAURELES FARM TRACT. THE TERM IS INDEFINITE FOR THE CITY TO DELIVER WA- TER TO THE PROPERTY OR TO WATERLINES THEREON AT PREVAILING RATES. A copy of the lease is on file in the City Secretary's office. The ordinance was passed and approved on first reading by the City Council of the City of Corpus Christi, j Texas on the 9th day of February, 1993. 11 Armando Chaps r City Secretary . City of Corpus Christi 7 T f PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 55349 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricia, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021575 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN OUTSIDE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 28th day(s) of February, 1993. One Time(s) $ 43.50 Business Office Administrative Assistant Subscribed and sworn to before me this 5th day of March, 1993. r L .b (ca ) ct,vy c' Notary Public, Nueces County, Texas 1 7 r City of Corptu NOTI OF PASSAGE OF ORDINANCE 021575 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN OUTSIDE CITY LIMITS - WATER SERVICE CONTRACT, AGRICULTURAL WATER USE COVENANT, AND ANNEX- ATION AGREEMENT WITH DAN W. HILL ON 40 ACRES OF LAND OUT OF SECTION A', LAURELES FARM TRACT. THE TERM 15 INDEFINITE FOR THE CITY TO DELIVER WA- TER TO THE PROPERTY OR TO WATERLINES THEREON AT P9EVAILING RATES. file Ann the of the lease is on ity Secretary's office. The ordinance was passed and approved on third !wading by the City Council of the City of Corpus Christi, Texas on the 23rd day of February, 1993. /s/ Armando Chapa City Secretary City of Corpus Christi PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 62990 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 21st day(s) of February, 1993. One Time(s) $ 44.95 Business Office Administrative Assistant Subscribed and sworn to before me this 1st day of March, 1993. U lel (� fti� Pc.Q Notary Public, Nueces County, Texas NOT Of PASSAGE NCE ON I SE READING AIlJ�T�� ZING ''THE CITU M,SAAGER OR HIS DESIGNEE TggqOOd EXECUTE AN OUTSIDE CITY -LIMITS - WATER SERVICE CONTRACT, AGRICULTURAL WATER USE COVENANT, AND ANNEX- ATION AGREEMENT WITH DAN W. HILL ON 40 ACRES OF LAND OUT OF SECTION A, LAURELES FARM TRACT. THE TERM IS INDEFINITE FOR THE CITY TO DELIVER WA- TER TO THE PROPERTY OR TO WATERLINES THEREON AT PREVAILING RATES. A copy o1 the Man Is on file in the City Secretary's office. The ordinance was passed • and approved on second reading by Ow City Council of the City o1 Corpus Christi, Texas on the 18th day of February, 1993. h/ Armando Chap' City t City of Colon Oat 7 r